용역비
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Facts of recognition;
A. The Plaintiff is an individual entrepreneur who operates a specialized construction subcontract business, etc. with the trade name of C, and the Defendant is a corporation with the purpose of mechanical equipment construction business, etc.
On the other hand, D is an individual entrepreneur who runs pipeline facility business, etc. in the trade name of E.
B. On February 27, 2019, the Defendant subcontracted the instant construction work to D, “Hok-Up” (hereinafter “the instant construction work”), and re-subcontracted the instant construction work to the Plaintiff on February 27, 2019.
C. The provisions pertaining to the instant case in the Fair Transactions in Subcontracting Act (hereinafter “subcontract”) and the Enforcement Decree of the same Act are as follows.
[The Subcontract Act] Article 14 (Direct Payment of Subcontract Price) (1) Where any of the following causes occurs, the person ordering shall directly pay the subcontract price corresponding to the portion on which the subcontractor has manufactured, repaired, constructed, or provided services:
1. Where it is impossible for a principal contractor to pay the subcontract consideration because of the suspension of payment, bankruptcy, or other causes similar thereto, or the permission, authorization, license, registration, etc. of the principal contractor, when the subcontractor requests a direct payment of the subcontract consideration.
(1) The amount of subcontract already paid by the ordering person to the principal contractor shall be deducted when the ordering person directly pays the subcontract price to the relevant subcontractor pursuant to paragraph (1).
(6) Matters necessary for the method, procedure, etc. for the direct payment of subcontract consideration under paragraph (1) shall be prescribed by Presidential Decree.
[The Enforcement Decree of the Subcontract Act] Article 9 (Direct Payment of Subcontract Price) (1) of the Act shall apply to a subcontractor's request for direct payment under Article 14 (1) of the Act.